>> good morning to you. i am heather nauert. >> i am heather childers. it is december 27th. welcome to "fox friends first." >> george h.w. bush's condition has worsened. marianne rafferty has more. >> the fever has gone up in the last few days. the 88-year-old former president was admitted sunday and is in guarded condition. the 41st president of the united states was first admitted to the hospital november 23rd for a bronchitis related cough. there was hope he would be home for christmas but he soon develop add series of set backs. >> he had a few low energy days and things snowballed from there. at the wrong time because of his weakened condition because of the fight of bronchitis 88 years old it adds up to a tough

situation right now. >> george w. bush has visited his father twice. so has jeb bush. he spent the christmas day in the hospital. things are not going well but doctors remain cautiously optimistic. >> he's in a bad way, but the doctors believe that there is a path for him to recover from this and if we can get him to rally a little bit it's good but we are not there yet. >> he has been placed on a liquids only diet for the time being. >> hope he recovers. now to an extreme weather alert another day of frightful weather awaiting some areas all across the northeast. 6 people have died in the christmas storm system that

spawned blizzards sleet and rare tornadoes. causing this plow's tires to spin out. making matters worse gusty winds are redistributing snow back on to the roads. >> in the state of ohio a lot of drivers are complaining about zero visibility. they are doing their best to stay on the roads and keep away from other cars. >> i have seen ten cars in an accident. i saw a lexus go into a ditch. i saw a semi-truck jackknife. all kinds of stuff. >> in up state new york buffalo is getting hit hard. these snowboarders are having a good time. >> what is not fun the travel nightmare not just for those driving. at this hour more than 370 flights have already been canceled that is in addition to 1800 flights yesterday. let's go to fox news

meteorologist maria molina in our tracking certainty watching the storm. >> good morning everyone. the storm system has produced all kinds of bad weather across the country. started west where we saw a lot of heavy snow in california and midwest with heavy snow reports of over a foot of snow across parts of arkansas illinois to parts of indiana. this storm system very significant. we had reports of tornadoes across portions of the deep south. yesterday we saw that occurring across eastern portions of north carolina. significant weather. as far as tornadoes go i think that's pretty much over with for today. we are looking at very heavy snowfall and rainfall around coastal areas. new york city dealing with that in the overnight still dealing with that there. that's the story through long island and massachusetts. as we head inland where temperatures are cold enough you are getting that snowfall. up state new york, vermont, new

hampshire accumulating across the road ways. we have a number of winter storm warnings in effect across northeast and new england. most of these are in effect through tomorrow morning. we have a prolonged period of time of heavy snow, heavy rain and strong winds gusting over 30-40 miles per hour. maria molina. thank you very much. top 5@5:00 those are the top stories coming up. it was senator daniel inouye's last wish to be succeeded by colleen hadabusa but kneel abercrombie instead pinted his lieutenant governor. >> i made the decision with the full confidence that brian's appointment is in the best interest of the party the state of hawaii and the nation. >> he was aboard air force one with president obama who has been vacationing in hawaii.

he is expected to be sworn in lart today. >> it is the next step in the long healing process for the people of newtown connecticut. the town moving forward with plans for a permanent memorial honoring the 26 victims of the sandy hook massacre. all of the flowers letters photos and teddy bears will be turned into soil and blocks to be used atz the foundation of a future memorial. dozens of people singing mazing grace as they remembered the two firefighters murdered in western new york. ♪ i once was lost but now am found ♪ >> that community coming together to honor fallen heros. the two men were shot and killed during an ex-con's christmas eve ambush. for the first time we are also hearing from those who survived the attack some firefighters. a joint statement offered the

pair's gratitude for all of the prayers they have gotten. doctors have upgraded both of their conditions to satisfactory. >> oo to maine where a dive team from the police department will use sonar to search for two students who went missing last week. the 21 and 23-year-old were last seen drinking with friends near kinney bunk port earl tlir week. a cop found their bloet clothing on a small island it remains unclear how the men got to the island but there's no indication of foul play. things are not looking good for a whale washed up on a beach. he was stranded in the plan on breezy point in queens. they are trying to keep that sweat. biologists say it has a slim chance of surviving. that is your 5@5:00. hopefully it pulls through. >> brand new video of president obama visiting fires one and

leaving hawaii with five days until we fall off that fiscal cliff. the president is cutting his vacation short to return to the white house and try to hammer out a deal. but what will actually happen if we do go over the cliff? doug luzader is live for us with the details. >> it is not going to be pretty. on board air force one heading back to washington from a hawaii after cutting christmas short. can a cup of coffee help as far as christmas is concerned. starbucks is hoping. if you go into a starbucks you will get a message written on your coffee that says come together. this is a company trying to tell the president and lawmakers here they need to come up with some kind of agreement before they go over the fiscal cliff at the end of the year. the senate will be meeting today. this is the first time we have seen legislative business

conducted in the weeks between christmas and new years since 1970. the house come back as well but nothing yet. the other thing to consider here the two key players in all of this president obama and republican house speaker john boehner. as far as we know the two of them have not really been talking. the lines of communication are theoretically open but both of them seem to be standing their ground. one other factor to consider here is something we just heard from the treasury secretary tim geithner telling us we are rapidly approaching the nation's debt ceiling. we could hit it by the end of the year. there are accounting tricks we can use to prevent us from hitting that by the end of the month. it shows you how complicated this is getting. one other factor that was going to become part of the grand bargain if we ever reach grand bargain. right now they could be looking for a stopgap measure.

>> we have heard that before a stopgap measure. thank you very much. appreciate it. you hear those two key words there accounting gimmicks. let's talk about stories you can bank on this morning. lauren simonetti from the fox business network has more on the accounting gimmicks and the statement about the debt ceiling. the treasury is taking steps to change things? what are they doing and how does it affect us. >> they are kicking the can down the road. no sham toast for the treasury department. that is the day the u.s. government is estimated to hit $16.4 trilli $16.4 trillion borrowing limit. in a letter to congress timothy geithner says he will take several accounting measures to start the new year that. will keep the gvtmeovernment from reaching the limit until a fiscal deal is reached and the economy can save off the debt.

>> let's talk about toyota? >> owners of 60 million lexus and cars from 1998 to 2010 may be getting some cash. toyota has agreed to pay more than a billion dollars to settle a class action lawsuit. toyota will create a fund for retrofitting more than 3 million cars of technology that makes it easier for them to stop. in late 2009, all of 20010 due to lower resail value of the car. toyota has not admitteded any guilt on this topic. >> they get a big chunk of change and the car owners a little bit. >> for many passengers air travel is about finding the cheeps air fair.

as airlines offer more and more add-ons from early boarding to premium seating to baggage fees that ability to comparison shop is pretty much impossible. the on-line ticketers like expedia and other bits complain airlines won't provide them to see information the simple way. they are taking up the issue this comes as the airline industry wants to change the rules of the game by collecting personal data on you and how you like to fly and giving you this all in one creative kind of price that meets your specifications. the department of transportation may enact regulations that makes it harder for the airlines to cover these things. lauren simonetti from the fox business network appreciate it. coming up there was a cl chaplain who was fired just for doing his job. listen to this. because some believe it could offend others religious beliefs. talk about a real parking pain. one city to become home to $6 parking meters.

is it fine or is that over the line? we will ask you coming up next. as we go to break let's look at the gas prices. new average is 3.26 that's up $0.02 from yesterday. [ laughter ] smoke? nah, i'm good. ♪ [ male announcer ] every time you say no to a cigarette, you celebrate a little win. nicoderm cq, the patch with time release smart control technology that acts fast and helps control cravings all day long. ♪ quit one day at a time with nicoderm cq.

>> welcome back. it is 15 after the hour. here's what you missed while you were sleeping. he's accused in the death of his friend and teammate. a grand jury now indicting cowboy nose tackle josh brent. on t brent was speeding when he struck a curb flipped his car killing jerry brown. >> no to hobby lobby over obama care contraception mandate. they refuse to do grant an

injunction as the legal battle plays out. they refuse to protect hobby lobby from the mandate. it forces the company to either violate its faith for be exposed to severe penalty. time to brew on this this morning. here's today's topic. a shakedown taking place in the city of chicago. the windy city will soon have the nation's most expensive parking meters. come new year's day it will cost you $6.50 an hour to park downtown. that's a $0.75 increase. how d about that? >> former mayor richard daley pushed city council to approve the 75 year contract with parking meters in 2008. the city got $1.1 billion most of which has been spent already. mayor rahm emanuel is ordering a

recall of the deal. do you think it is over the line. you can tweet at fox friends first or shoot us an e-mail at fox frienfriendsfirst@foxnews.c. >> gone is the days where you can have a pocket full of quarters. 17 minutes after the hour. still ahead the government reading your old e-mails without your poermission? it could be legal. joey jackson is going to come in. they wanted to see what life is like under the sea. but the shark exhibit gave them a whole lot more than they bargained for. stay tuned for that.

>> good moaning to you. it is 21 minutes after the hour. here's a look at the headlines. chicago mobster frank calibri senior died in prison. he passed away on christmas day. he hensen tensed to life in prison for the murders of 18 people. three people are in the hospital this morning after an american airlines flight from miami to new york got hit with some really nasty turbulence. the flight was caught in a massive storm system over the east coast while flying over north carolina. >> thank you very much. some lawmakers get their way the government and law enforcement officers could read your e-mails. and they won't need your permission. so what are your rights and what

do you need to know. nice to see you. >> it is early. >> yes, it is early. >> all of this started with a bill that would give people a right to post on facebook which videos they were watching. >> what happened is way back in 1986 they were supposed to protect everyone. then in 1988 you had the video protection act. here's what the problem is those bills were passed during the reagan administration. the way we store the way we use information has vastly changed. the process was we would update this film congress says this we would have something that is a little more consumer friendly to address our present day usage and needs. did it happen did it not in some prerespects it did some it did not. e-mails over 6 months old they

are considered abandoned. what does that mean? the government doesn't need probable cause they don't need they send a request saying we are conducting a little investigation give up the information and as a result of that these third party providers have to hand it over. it was thought there would be a provision if up want these i mails get a warrant. back in 88 nowadays we had twitter we have facebook social media has evolved. he was in diapers at the time these old bills passed. >> he was about 4 years old at the time. two years old if we are talking the 1986 law. the way we use information has vastly changed you would think lawmakers would update and approve the bill. the measure they have in it that does not require warrants to be issued for e-mails over 6 months old. >> it is still there. >> it is still there. it is problematic. it is a major consumer issue as you can image the american civil

liberties union is saying protect these people. we didn't abandon the e-mails because they are 6 months old. >> we have republican bob good lad. he says the bill deserves careful protection for consumer's privacy while modernizing the laws to empower consumers to do more with video consumption preferences. >> i love press releasing they are wonderful. bottom line as it relates to people who are watching it briefly historically robert walkways a supreme court nominee. what they did is do it without his consent. they made a bill that said if you want to release what we are viewing and watching you have to get the consumer's consent to do that. there's a provision that doesn't require consent. you as a consumer automatically you can share what tv shows you are watching, what videos you

would like to see. >> it is two separate issues they tried to combine them into one. >> it's congress. you know they do that. >> thank you so much joe jackson. appreciate seeing you this morning. >> good to see you. happy holidays. >> to you, too. >> it is 25 after the top of the hour. coming up the state department says they were off the job. now they won't say if the officials blamed for the benghazi attack are back at work. which is it? thentis the season of giving. which celeb tops the list when it comes to the giving part as opposed to receiving. in 1932 radio city music hall opened. ♪ give a little bit give a little bit of your time to me ♪

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he started to a few low energy days and things snowballed from there. probably exactly the wrong time because of his weakened condition and fight of bronchitis 88 years old adds up to a tough situation right now. >> george w. bush has visited his father twice in the hospital so has former governor jeb bush. bush sr. sent christmas with his wife barbara son kneel, neil's wife and a grandson. bush's daughters will see him today.

doctors remain cautiously optimistic. >> he's in a critical condition. he's in a bad way. but the doctors believe there's a path for him to recover from this and if we can get him to rally a little bit we can start talking about this but we are not there yet. >> he is alert and joking with the staff. he is been placed on a liquids only diet for the time being. >> now we go to an extreme weather alert. it is another messy day of weather in some parts across the northeast. 6 people died in the christmas storm system that spawned blizzards sleet and rare winter tornadoes. caused this plow's tires to spin out. gusty winds are blowing around the snow that has already been plowed off the roads it is going back on the roads now. >> many drivers complaining of

zero visibility doing the best they can to stient roads. >> it is rough. we received a lot of actions thus far in the ohio turn bike. wish people would slow down a little bit. it is pretty slick. >> slow down. good advice in up state new york. buffalo getting hit hard. these young snowboarders taking time to enjo i it while they are home on break. >> the travel nightmare not just for driving. more than 380 flights have been canceled today. that's in addition to 1800 flights canceled yesterday. let's go to maria molina live in our tracking center tracking that storm. how is it looking today? >> still looking at a storm system producing heavy rain and strong winds and heavy snow across the northeast. i want to touch upon areas further to the west in the

plains. cold out there this morning 90 degrees minneapolis and rapid city and denver looking at a current temperature. behind the storm system funneling on in through portions of northern plains and across texas. 20s in dallas and san antonio. looking at temperatures above freezing. 39 degrees that's why most of the precipitation is staying in the form of rainfall. you have the temperatures below freezing and that's where you are seeing the snow right now in maine, vermont, new hampshire you are talking about accumulations that could exceed over 2 feet in some spots especially in up state new york. that's what we are going to be looking at. worse conditions for driving you should be doing that through out the day. we have winter storm warnings through northeastern pennsylvania and maine. the entire state of maine under a winter storm warning. accumulation and the wind will

be continuing through out the day gusting over 30-40 miles per hour. expect more travel delays and flight cancellations today. we will check in with you later. >> there was lightening and thunder in new york city this morning. top five stories making news for you at this hour. outrage over the four state officials punished for not doing their jobs before the benghazi terror attacks still have their jobs. eliana ross the chairwoman of the house foreign affairs committee says it would be pathetic if the report is true. an exclusive report in the new york post says aaron boswell is still on state department payroll this despite the fact the state department says he had resigned. according to the post three other employees out on leave will also return to work. congresswoman ross lleyton will be on fox and friends later this

morning. >> teachers pack a convention hall today for conceal weapons training. more than 200 teachers in the state of utah will take a six-hour training class. the shooting board council have attendance at 200 but now they have an overflow crowd. teachers could act a whole lot paster than law enforcement and critical first a few minutes of an incident. critics say the guns pose a safety risk. bentley motors playing the role of the grinch this christmas. firing the long time chris nan chaplain day brothers christmas. they slammed the brakes on letting reverend cook visit employees so non christians didn't get upset mavenlt knee workers say they are distraught and trying to get cook reinstated. a marine's home coming in the state of illinois. chris van eaton who lost both of

his legs in afghanistan waking up christmas eve and finding racist graffiti painted on the side of his house. >> to have what was spray painted it hurts. it hurts that it was now. >> wasn't made it better was neighbors coming out people we didn't even know coming and helping taking supplys from their house to help wash it off. >> good neighbors there. >> the van eatens are hopeful police are make an arrest soon. >> caught on cameras the shocking moment. it's a 33 done shark tank suddenly burst send ago wave of water and chards of broken glass every where. it happened at a shopping center in shanghai. 15 people had to be rushed to the hospital. they suffered mostly deep cuts and bruises. no word yet on what caused the accident. that is your 5@5:30. >> my gosh. that would be terrifying. we are getting new video in this morning of president obama

boarding air force one and leaving hawaii. five days until we fall off the fiscal cliff. the president returning to washington to try to negotiate things there. doug luzader is life with the president's plans and what could happen if a deal isn't reached in time. >> the president is in the air on board air force one heading back from hawaii. he is going to come back from washington where not much has changed. as far as congress is concerned the senate will be meeting today. interesting little tidbit this is the first time since 19170 there have been legislative business conducted in the weeks of between christmas and new years. we will see some activity on hap t capitol hill. there may be a stopgap measure to try to prevent the calamity that happens at the end of the year if we reach the fiscal cliff. if we do not have some kind of a compromise. here's what's going to happen.

just about everybody is going to have a tax increase. the number goes up significantly with incomes. if you are talking 200 to 500,000 in income almost 14,000 dollars in tax hikes. the wealthiest americans people that make a million dollars or more will pay an average of 216,000 dollars in additional tax that is money that would otherwise be spent to help boost the economy or invest it. this is a real concern for economists. the other wrench that was thrown in treasury secretary tim geithner says we are going to be up against the nation's debt ceiling a lot sooner than a lot of folks expected it will happen around the end of the year. they can use accounting gimmicks to extend that deadline for maybe a couple of months. but it would be part of any kind of a grand bargain. it is one more complication as the negotiations condition. >> doug luzader in washington thank you.

>> thanks. time now to entertain this. actress kate winslet officially tieing the not with her third husband ned rock and roll. he is the nephew of richard brans branson. the ceremony awas so private th couple's parents weren't even old. leonardo dicaprio gave away the bride. >> coffee chain and save more than 500 jobs. they are attempting to buy seattle based coffee. he has a strong tie to the city. the tv show is set there. who was the most generous celebrity of 2012? ♪ flush >> you guessed it.

it is tailor swift according to the web site do something.org. this year she donated $4 million to the country muse you cic hal fame museum and became the recipients of ripple of hope award. >> time for the starting lineup. they can start packing their bags for hawaii. the roster has been released. payton manning and viking running back adrien peterson headline the choices. other notables aaron rogers calvin johnson and victor cruise. >> talk about a dramatic finish for the nicks after blowing a 14 point lead to phoenix j.r. smith hits the difficult buzzer beater to give the nicks the 99-97 win. >> also without carmella anthony due to injury ryes. quarterback tim tebow firing back to the critics saying it

reports he never told rex ryan he wouldn't run the team's wildcats package. coming up an old-fashioned photo shop is facing a fine because one of the most popular products, candy. why the shop may be forced to stop selling one classic. then did you get a new ipad, iphone or badgadget for christm you are not sure how to work? tech guru clayton morris is here answering your gadget questions. how does this thing work? oh, i like it! [ garth ] sven's small business earns 2% cash back on every purche, everday! woo-hoo!!! so that's ten security gators, right? put them on my spark card! why settle for less? testing hot tar... great sinesses deserve great rewards! [ male announcer ] the spark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet?

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>> welcome back. 44 after the top of the hour. let's span the cloeb do see what headlines are coming up receivers. nelson mandela has been released from the hospital. mandela was treated for a lung infection and gallstones. reports say the 94-year-old will continue to receive medical care

at his south african home. next syria a major blow to president bish char assad. the police chief in a videotape message. the major says the military is supposed to protect syria but has become gangs of killing and destruction. heather? >> thank you so much. like a lot of us up may have gotten a new tech gadget that may have you a little confused. fox and friends anchor clinton morris is here to answer questions. >> we got questions in from jew viewers. i got an hp lap top i want to put my phone to it but it says it will ee ras my ifshg phone data. >> you can do this. here's my tip. apple is moving away from sinking to a computer using a cord. in your phone or in your ipad go into icloud and start backing up

using icloud that. means you don't have to be tethered to any one type of computer. but if you want to sink to your computer go on the new computer launch itunes as your new account type in your name and laufrp that account and when you connect that device you will be able to begin moving content over your songs and all of those things over. but i would say do icloud that way you don't have to be tied to any one die vice. >> sounds a lot simpler. a oo this is another question this comes in from diane. is there a way to connect my broadband air part to nexus tablet? >> air cards are the type you stick into the side of the lap top you use the usb input it is sticking out a little bit by planning. you cannot use it that way. that is spifktly for your lap top. you need to get one of the my fy cards and it looks like a square you carry it around with you in your bag and it will create a

little hot spot for you. those air cards are only for your lap top. if you have a nexus 7 tablet that doesn't have 3 g in it you are going to need a wi-fi hot spot. i would recommend going to verizon and at & t picking one up. >> what apps do you suggest for word processing and can it be attached to an e-mail. we can't spell any more we need this. >> a lot of people aren't just using their i pads for fooling around a lot are using them for word processing and getting rid of the laptops. the big word processing program app put out is called pages. if you are going to do intensive word processing like you are used to with microsoft word or word perfect back in the day. apple's pages app go to the app store download it it is 9.99. full featured you can move it around with your finger pictures to be added.

ever note is my favorite. i use ever link for just befrg i do. it links into icloud you can use it on ipad and iphone. >> use ever note instead of page because you don't have to pay for it. >> you are on fox and friends later. what do you have coming up. oo loont colonel tony schafer on employees keeping their jobs after the benghazi attack. they are supposed to be laid off, gone. a marine who lost one leg is about to tame president the climb of a lifeti -- attemp climb of a lifetime. if you are feeling lazy think about this marine who go this incredible climb. it is 48 minutes after the hour still ahead we told butt newspaper publishing the list of everyone with gun permits? the area.

the paper's he had cores may be dealing little more expressed. a bus spoled by the street literally we will tell you where this happened and a little bit more about it. [ male announcer ] the more you lose, the more you lose, because for every two pounds you lose through diet and exercise, alli can help you lose one more by blocking some of the fat you eat. let's fight fat with alli. ♪

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>> good morning to you. it is 8 minutes before the hour. it is a classic candy but an old-fashioned candy shock is on a legal bat overly capped de cigarettes. linden soda shop violating a law that bans the sale of candy cigarettes. the owner says he's shocked it's still legal to sell real cigarettes but not the candy version. the store could face a citation and a $500 fine.

coming soon an air bag for your cell phone? amazon founder has gotten a patent for a device that protects cell phones in case of an accident. it determines whether the phone is falling too quickly if it is it deploys a miniature air bag that cushions the impact. >> good idea. the outrage is growing over a new york newspaper that printed the names and addresses of people with gun permits. they are facing black lash. david lee has more. >> click on the colored dot sub lished published by the newspaper they can see the address to see who has a permit for the headlines. the gun owner next door what you don't know about the gun owner in your neighborhood. callers complained saying privacy was violated and

personal safety was at risk. it made the freedom of information request in rockland and two counties outside of new york city. it has names and addresses of people who has permits it does not disclose whether or not they have a gun. the number and type of weapons under each permit wasn't requested by authorities. foxnews.com. it remains top of mind for many of the readers and on opinion pages and our web site has been keenly focused on gun control. the paper has been struggling economical economically. it eliminated 12 and a half percent of the staff. veerses were being preserved to produce relevant content and generate revenue. critics are posting on personal information such as address and phone numbers of the executors.

they provided a footnote to the author. it owns a 357 headline. the time now is 65 after the top of the hour. one bus driver has the sweet swallowing up the entire bus. >> the city of chicago now charging 6.50 per hour for the parking meters there. we wanted to know if you think this is fine or if it's over the lines. we will keep yread them next. i got mine in iraq, 2003. usaa auto insurance is often handed down from generation to generation. because offers a superior level of protection, and because usaa's commitment to serve the military, veterans and their families is without equal. begin your legacy, get an auto insurance quote.

usaa. we know what it means to serve.

>> it is in the top of the hour. we look at the good, bad and ugny . first the good. a heart broken sevenier old girl's christmas wish coming true . a good samarit an helped to reunite her with the missing pooch .